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THE PROTECTION OF CIVIL RIGHTS ACT, 1955

Act, No.22 OF 1955) (As on the 1st September, 1977)


An Act to prescribe punishment for the preaching and practice of untouchability for the
enforcement of any disability arising there from and for matters connected therewith. Be it enacted
by Parliament in the Sixth Year of the Republic of India as follows:
1 Short Title, extent and commencement
(1)This Act may be called the Protection of Civil Rights Act,1955.
(2)It extends to the whole of India.
(3)It shall come into force on such date as the Central Government may, by notifications in the
Official Gazette appoint.
2. Definitions
In this Act, unless the context otherwise requires:(a) civil rights means any right accruing to a person by reason of the abolition of untouchability
by article 17 of the Constitution;
(aa) hotel includes a refreshment room, a boarding house, a lodging house, a coffee house and
a caf;
(b)
place includes a house, building and other structure and premises; and also includes a
tent, vehicle and vessel;)
(c ) Place of public entertainment includes any place to which the public are admitted and in
which an entertainment is provided or held.
Explanation-Entertainment includes any exhibition, performance, game, sport and other form
of amusement;
(d) place of public worship means a place, by whatever name known, which is used as a place
of public religious worship or which is dedicated generally to, or is used generally by, persons
professing any religion or belonging to any religious denomination or any section thereof, for the
performance of any religious service, or for offering prayers therein; and includes(i) all lands and subsidiary shrines appurtenant attached or to any such place;
(ii) a privately owned place of worship which is, in fact, allowed by the owner thereof to be used
as a place of public worship, and
(iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as is
allowed by the owner thereof to be used as a place of public religious worship;)
(da)

prescribed means prescribed by rules made under this Act;

(db) scheduled castes has the meaning assigned to it in clause (24) of article 366 of the
Constitution;)
(e)
shop means any premises where goods are sold either wholesale or by retail or both
wholesale and by retail and includes(i)

any place from where goods are sold by a hawker or vendor or from a mobile van or cart,

(ii)

a laundry and a hair cutting saloon;

(iii) any other place where services are rendered to customers.


3. Punishments for enforcing religious disabilities
Whoever on the ground of untouchability prevents any person(a) from entering any place of public worship which is open to other persons professing the same
religion or any section thereof, as such person; or
(b) from worshipping or offering prayers or performing any religious service in any place of public
worship, or bathing or using the waters of, any sacred tank, well, spring or water-course (river
or lake or bathing at any ghat of such tank, water-course, river or lake) in the same manner
and to the same extent as is permissible to other persons professing the same religion or any
section thereof, as such person;
shall be punishable imprisonment for a term of not less than one month and not more than six
months and also with fine which shall be not less than one hundred rupees and not more than
five hundred rupees.
Explanation- For the purpose of this section and section 4 persons professing the buddhist, Sikh
or Jain religion or persons professing the Hindu religion in any of its forms or development
including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the
Swaminarayan Sampraday shall be deemed to be Hindus.
4. Punishment for enforcing social disabilities
Whoever o the ground of untouchability enforces against any person any disability with regard to(i)

access to any shop, public restaurant, hotel or place of public entertainment; or

(ii)

the use of any utensils, and other articles kept in any public restaurant, hotel, dharmshala,
sarai or musafirkhana for the use of the general public or of any section thereof; or

(iii)

the practice of any profession or the carrying on of any occupation, trade or business or
employment in any job; or

(iv)

The use of, or access to any river, stream, spring, well, tank, cistern, water-tap or other
watering place or any bathing ghat, burial or cremation ground, any sanitary convenience,
any road, or passage, or any other place of public resort which other members of the
public, or any section thereof, have a right to use or have access to; or

(v) the use of, or access to, any place used for a charitable or a public purpose maintained wholly
or partly out of State funds or dedicated to the use of the general public or any section thereof ; or
(vi) the enjoyment of any benefit under a charitable trust created for the benefit of the general
public or of any section thereof; or
(vii) the use of, or access to, any public conveyance; or
(viii) the construction, acquisition or occupation of any residential premises in any locality,
whatsoever; or

(ix) the use of any dharmshala, sarai or musafirkhana which is open to the general public, or to
any section thereof; or
(x) the observance of any social or religious custom, usage or ceremony or taking part in, or taking
out, any religious, social or cultural procession; or
(xi) the use of jewelry and finery;
shall be punishable with imprisonment for a term of not less than one month and not more than six
months and also with fine which shall be not less than one hundred rupees and not more than five
hundred rupees
Explanation- For the purposes of this section, enforcement of any disability includes any
discrimination on the ground of untouchability
5. Punishment for refusing to admit person to hospitals etc.
Whoever on the ground of untouchability(a) refuses admission to any person to any hospital dispensary, educational institution or any
hostel, if such hospital, dispensary, educational institution or hostel is established or maintained for
the benefit of the general public or any section thereof; or
(b) does any act which discriminates against any such person after admission to any of the
aforesaid institution;
shall be punishable with imprisonment for a term of not less than one month and not more than six
months and also with fine which shall be not less than one hundred rupees and not more than five
hundred rupees
6. Punishment for refusing to sell goods or render services
Whoever on the ground of untouchability refuses to sell any goods or refuses to render any
service to any person at the same time and place and on the same terms and conditions at or on
which such goods are sold or services are rendered to other persons in the ordinary course of
business shall be punishable with imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred rupees and not
more than five hundred rupees.
7. Punishment for other offences arising out of "untouchability"
(1)

Whoever-

(a) prevents any person from exercising any right accruing to him by reason of the abolition of
untouchability under article 17 of the Constitution; or
(b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in
the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his
having exercised any such right; or
(c) by words, either spoken or written, or by signs or by visible representations or otherwise,
incites or encourages any person or class of persons or the public generally to practice
untouchability in any form whatsoever; or

(d) insults or attempts to insult, on the ground of untouchability a member of a Scheduled


Caste,
shall be punishable with imprisonment for a term of not less than one month and not more than six
months, and also with fine which shall be not less than one hundred rupees and not more than five
hundred rupees
Explanation-I A person shall be deemed to boycott another person who(a)refuses to let to such other person or refuses to permit such other person, to use or occupy any
house or land or refuses to deal with, work for hire for, or do business with, such other person or to
render to him or receive from him any customary service, or refuses to do any of the said things on
the terms on which such things would be commonly done in the ordinary course of business; or
(b) abstains from such social, professional or business relations as he would ordinarily maintain
with such other person.
Explanation-II.- For the purpose of clause (c) a person shall be deemed to incite or encourage
the practice of untouchability(i) if he, directly or indirectly, preaches untouchability or its practice in any form; or
(ii) if he justifies, whether on historical, philosophical or religious grounds or on the ground of any
tradition of the caste system or on any other ground, the practice of untouchability in any form.
(1A)
Whoever commits any offence against the person or property of any individual as a
reprisal or revenge for his having exercised any right accruing to him by reason of the abolition
of untouchability under article 17 of the constitution, shall, where the offence is punishable
with imprisonment for a term exceeding two years, be punishable with imprisonment for a term
which shall not be less than two years and also with fine.
(2) Whoever(i) denies to any person belonging to his community or any section thereof any right or
privilege to which such person would be entitled as a member of such community or section, or
(ii) takes any part in the ex-communication of such person, on the ground that such person
has refused to practice untouchability or that such person has done any act in furtherance of
the objects of this Act.
shall be punishable with imprisonment for a terms of not less than one month and not more
than six months, and also with fine which shall be not less than one hundred rupees and not
more than five hundred rupees
7A.(1)Whoever compels any person, on the ground of untouchability to do any scavenging or
sweeping or to remove any carcass or to flay any animal or to remove the umbilical cord or to do
any other job of a similar nature, shall be deemed to have enforced a disability arising out of
untouchability
(2)Whoever is deemed under sub-section (1) to have enforced a disability arising out of
untouchability shall be punishable with imprisonment for a term which shall not be less than three

months and not more than six months and also with fine which shall not be less than one hundred
rupees and not more than five hundred rupees.
Explanation- For the purposes of this section, compulsion includes a threat of social or economic
boycott.
8.Cancellation or suspension of licences in certain cases
When a person who is convicted of an offence under section 6 holds any license under any law for
the time being in force in respect of any profession, trade, calling or employment in relation to
which the offence is committed, the court trying the offence may, without prejudice to any other
penalty to which such person may be liable under that section, direct that the license shall stand
cancelled or be suspended for such period as the court may deem fit, and every order of the court
so canceling or suspending a license shall have effect as if it had been passed by the authority
competent to cancel or suspend the license under any such law.
Explanation:- In this section, lincence includes a permit or a permission.

10. Abetment of offence


Whoever abets any offence under this Act shall be punishable with the punishment provided for
the offence.
Explanation:- A public servant who willfully neglects the investigation of any offence punishable
under this Act shall be deemed to have abetted an offence punishable under this Act.

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